It can happen anywhere.
From a car idling at a stoplight to getting struck while trying to find a parking space at a crowded grocery store parking lot, rear-end collisions represent one of the most common types of auto accidents. The physical consequences of a rear-end car accident range from minor headaches to severe damage to the spinal cord. Like most other vehicle collisions, the severity of the injuries sustained because of a rear-end accident is a function of the speed the moving car made upon impact.
Read-end collisions in Cincinnati happen most often downtown, where there is the greatest concentration of traffic signals, as well as bustling social venues where large crowds congregate. However, rear-end accidents also occur frequently in suburbs such as White Oak and across the Ohio River in Covington, Kentucky. If you sustained one or more injuries as a result of a rear-end car accident in Cincinnati, you should be proactive and contact an Ohio-licensed personal injury attorney.
An experienced personal injury lawyer can provide you with the legal support to file a claim that receives prompt approval from your car insurance company. A personal injury litigator can also conduct a thorough review of your case to determine whether the motorist who rear-ended you committed one or more acts of negligence. If your attorney discovers negligence played a role in causing you harm, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.
At Morgan & Morgan, we have provided legal support for car accident victims Since 1988. Our team of personal injury lawyers understands how a car accident can turn your life upside down. Our goal is to get you the compensation that you deserve, without you having to wait a considerable amount of time to get paid. Morgan & Morgan has recovered more than $14 billion in monetary damages for our clients since we opened our first office more than 30 years ago.
Schedule a free case evaluation with one of the highly-skilled personal injury attorneys at Morgan & Morgan.
What Are the Most Common Causes of Rear-End Collisions?
One of the first items on your personal injury lawyer’s to-do list during the free case evaluation is to determine the cause of the rear-end car accident. You should provide your attorney with a copy of the official police report that includes a determination by law enforcement about what caused your injuries.
Let’s review the three most common causes of rear-end accidents.
Distraction
Distracted driving is a common cause of any type of car collision, but it is especially relevant when discussing the causes of rear-end accidents. A motorist who looks down at a text message has lost control of the vehicle. Distracted driving can lead to rear-end accidents at traffic lights, in crowded parking lots, and throughout quick-service drive-through lanes. Texting is not the only form of distracted driving. Old-school eating and applying makeup while driving remains a serious threat to public safety.
Tailgating
Drivers that follow too close to a car in front of them while not accurately accounting for speed commit a negligent act called tailgating. When a car in front of a tailgater applies the brakes, the tailgater does not have enough time to come to a stop before colliding with the vehicle that has stopped. Rear-end collisions caused by tailgating can occur on just about any type of road. When a tailgating accident happens on a highway where the speed limit is at least 55 miles per hour, the injuries sustained by the victims of the accident can be severe, even life-threatening.
Driving Under the Influence
Driving under the influence of drugs and/or alcohol impairs judgments, as well as slows down reaction times. Both impaired judgment and slower reaction times combine to form the perfect storm for causing a rear-end auto collision. A driver who hit your car from behind while under the influence of drugs and/or alcohol has committed an act of negligence. Hiring one of the experienced personal injury attorneys from Morgan & Morgan can help you recover just compensation for the injuries you have sustained.
What Are the Most Common Injuries Caused by a Rear-End Collision in Cincinnati?
Think of the physics involved in a rear-end car accident. One driver remains stationary, while a second motorist is moving at a speed ranging from under 10 miles per hour to more than 70 miles an hour. The stationary driver is highly vulnerable to sustaining severe injuries that are commonly associated with rear-end collisions in Cincinnati.
Whiplash
Whiplash, which refers to the head snapping back fast before thrusting forward at a similar rate, can cause neck and shoulder injuries that can take years to rehabilitate. The strongest types of whiplash can force the head to strike the dashboard or steering wheel to produce lingering headaches, some of which might reach migraine status. Symptoms can develop on the spot or take a few hours to appear.
Brain Trauma
The amount of time it takes for you to sneeze and blink your eyes is about the amount of time it takes for a standard car airbag to deploy. However, the most forceful rear-end collision can cause your head to move forward at a speed that beats the deployment of an airbag. The result is some form of brain trauma, from a mild concussion to a loss of consciousness. Moreover, a rear-end accident can force your head to hit hard on the side door or the front seat headrest.
Spinal Cord Damage
The spine is structured to bend in certain ways. When a violent impact caused by a rear-end collision reaches the spine, it can bend in ways that cause serious structural damage. Other types of spinal cord damage include fractures and herniated discs. Overcoming severe spinal damage can take a lifetime of intensive physical therapy sessions.
What Are the Car Accident Laws in Ohio?
Cincinnati creates and enforces most of the traffic laws that cover drivers that move throughout the Queen City. State laws that impact drivers concern the legal principles involved when litigating a rear-end car accident case.
Statute of Limitations in Ohio
The statute of limitations refers to the amount of time you have to file a civil lawsuit that seeks monetary damages. Ohio gives plaintiffs two years to file a civil lawsuit. The statute of limitations in Ohio of two years starts on the day of a rear-end collision. If you fail to meet the deadline for filing a civil lawsuit against the driver who rear-ended your vehicle, the court clerk processing your lawsuit will dismiss it.
Although you have two years to file a civil lawsuit, you should take legal action as quickly as possible after a rear-end collision in Cincinnati. Your attorney should interview witnesses right after a car accident to receive the most reliable accounts of what transpired when the other driver rear-ended you. If you and your attorney believe you will receive compensation from an approved insurance claim, this does not mean you should stop the litigation process. Your injuries, as well as the damage done to your car, might require a much higher payout than the one offered by your insurance company.
Comparative Fault in Ohio
Comparative fault represents a legal principle in which more than one party assumes at least part of the blame for causing a car accident. States have the option to follow different approaches to applying the comparative fault legal principle. In Ohio, a victim of a rear-end collision in Cincinnati who also shares some of the blame for causing the accident can collect monetary damages. However, the monetary damages awarded by a judge decline by a percentage of the blame assigned to the victim of the auto collision.
For example, if another motorist hit you while you idled your car at a red light, a judge hearing your case might assign you 20 percent of the blame for causing the accident because your brake lights did not work at the time of the accident. This means that if the judge hearing your case awarded $50,000 in monetary damages, you receive just $40,000 of the award because the judge assigned you 20 percent of the blame for causing the rear-end collision.
How Should I Handle a Rear-End Auto Collision?
Getting involved in a rear-end collision in Cincinnati can overwhelm you with negative emotions that prevent you from remaining calm and making the best decisions. Following a few steps that apply to all types of car accidents should help you build a strong case for your insurance company and the judge hearing your civil lawsuit.
Contact Law Enforcement
Unless a rear-end collision is nothing more than a fender bender, you should call the nearest police station to request assistance. One or more members of a law enforcement agency conduct a comprehensive investigation that includes collecting evidence and determining the cause of the collision. The formal police report released for your attorney to review represents one of the most influential documents for resolving civil lawsuits and insurance claims.
Get Medical Care
Regardless of how much pain you feel right after a rear-end accident, you should receive medical care to ensure you do not develop delayed symptoms. Getting medical care also provides you with records that prove the extent of your injuries, as well as how much medical care has cost you and what your physician decides for your short-term and long-term health prognosis.
Take Photos
Images of your injuries should be a part of the medical records submitted by your doctor to your attorney and the lawyer representing the other party. If you feel up to it, take photos of the accident scene, with a focus on traffic signs and devices such as signals and speed limit signs. Images that depict the damage done to your car also should be handed over to your personal injury attorney.
Information From Witnesses
The law enforcement agency responding to the rear-end accident should interview witnesses that saw what transpired before, during, and after the rear-end collision in Cincinnati. However, your personal injury lawyer will want the names and contact information of each witness before conducting interviews that can support the physical evidence gathered at the scene of the rear-end collision.
If you sustained one or more injuries that resulted from a rear-end car accident, act with a sense of urgency by scheduling a free case evaluation with one of the highly-rated personal injury attorneys at Morgan & Morgan.
FAQs
What is the right action to take in a rear-end collision? ›
In a Rear-End Collision, Don't Panic.
Just get into a safe area and assess your injuries. Make sure you have all of your injuries treated and file an accident report with the local authorities. If you can not move your vehicle, call 911 from your car, or have someone else do it for you.
Under Ohio law, there is a general presumption that the behind driver is at fault in a rear-end accident. It may take ample evidence to prove otherwise, but there are instances where both drivers are liable, or the front driver is entirely liable.
What steps should you take immediately if you are involved in a collision? ›- Check yourself for injuries. If you're injured, call 911 or ask someone else to do so. ...
- Check on the well-being of your passengers. ...
- Get to safety. ...
- Call 911. ...
- Wait for help. ...
- Exchange information. ...
- Document the accident. ...
- Notify your insurer and start the claims process.
Under Ohio law and the ACDA statute, there is a general presumption that the rear driver in a rear-end collision is liable for the accident.
What are the three follow up steps you should take after a collision? ›- Pull Over, Call 911, and Get a Police Report. One of the first things to do after a car accident is move the vehicles involved out of the way of traffic, if possible. ...
- Exchange Insurance Information. ...
- Document the Accident.
- Staying Calm and on Task After an Auto Collision Can Save Lives and Get You Back on the Road Quickly.
- Assist the Injured. ...
- Control the Scene. ...
- Notify the Police and Submit a Report. ...
- Document the Scene and Exchange Information. ...
- Notify Your Insurance Carrier. ...
- Get Your Vehicle Repaired.
In most rear-end collisions, the driver of the tail vehicle will be legally responsible for paying for the lead driver's monetary damages. The repair costs for the lead vehicle are typically easy to calculate, so many car insurance companies are quick to pay for those costs.
Am I always at fault for a rear-end? ›Who is at fault in a rear-end collision? In most rear-end motor vehicle accidents, the rear driver is at fault for the accident. However, the rear driver is not always at fault in a rear-end collision. The lead driver or another vehicle could be the cause of the rear-end accident.
How much force is in a rear-end collision? ›Similarly, researchers observed that the risk of injury appears to be greatest in collisions with impact velocities between eight and 20 mph. They also concluded that the force to the head can reach 100 pounds in collisions where speed at impact is even less than 15 mph.
What is the first thing you do in a collision? ›The first thing you should do after being involved in a collision is to check yourself and passengers for injury. If you're hurt, call 911 immediately. If you're unable to, call out to someone who is able to.
What is the first action immediately following a collision? ›
Stop the engine. Make sure everyone is wearing a lifejacket or PFD. Check to see if anyone is injured. If so, help them to the best of your abilities.
Is Ohio a no-fault state for car accidents? ›Ohio is not a no-fault state – this is an important fact when dealing with insurance claims. However, many people who suffer injuries in a car accident don't fully understand the implications of no-fault versus at-fault laws.
Who gets hurt the most in a rear-end collision? ›The person who is rear-ended is almost always injured to a greater degree than the person who hit them. The major factor at play in why this happens is muscle bracing. The person who is in the primary vehicle has more time to brace for impact.
Who pays for medical bills in a car accident in Ohio? ›The Responsible Party's Insurance
In at-fault states like Ohio, the insurance claim will be through the responsible party's auto insurance company. Their coverage should account for your medical bills, property damage, and pain and suffering.
- Step 1: STOP. ...
- Step 2: GET YOURSELF TO A SAFE PLACE. ...
- Step 3: CONTACT AUTHORITIES. ...
- Step 4: EXCHANGE INFORMATION. ...
- Step 5: TALK TO AUTHORITIES. ...
- Step 6: DOCUMENT THE SCENE. ...
- Step 7: CALL YOUR AGENT.
Each and every car accident can actually be multiplied by three – as there are three distinct types of collisions that occur within every vehicle. This is commonly referred to as the 'three collision rule,' and although it might be a term you've heard in the past, it's commonly misunderstood.
What are the 4 steps of accident reporting? ›- Preserve and document the scene.
- Collect Data.
- Determine root causes.
- Implement corrective actions.
- Stop Immediately.
- Aid the Injured.
- Prevent further damage by warning oncoming traffic.
- Call the Police.
- Exchange Information.
- File necessary Reports.
Car accidents can involve all sorts of ramifications: The at-fault motorist may face an insurance rate spike, lawsuits, and even criminal charges.
Why do you think a rear end collisions occur most frequently at intersections? ›Here are the most common reasons they happen: Following too closely. All drivers have a duty to maintain a safe distance from the motor vehicle in front of them. Many rear-end collisions occur at intersections when the driver in the rear is following too closely and cannot stop quickly enough to avoid a collision.
What happens to your body in a rear-end collision? ›
Long-Term Impact of a Rear-End Collision
They may suffer bone breaks, muscle sprains and tears, or ruptures that lead to internal bleeding. These types of injuries require substantial medical care and a much longer recovery period.
If a car suddenly moves in front of you that is moving significantly slower than you are, that brakes suddenly, or that cuts too closely in front of your car, that car's driver is the cause of the accident. This kind of action on the other driver's part is especially dangerous when they fail to use their turn signal.
Is front or rear-end collision worse? ›Rear-end collisions can still be extremely dangerous to the rear driver. The driver that causes the rear-end crash could face serious injuries if their car is crushed or their windshield breaks. However, front-end crashes put both drivers in these dangerous situations, increasing the overall risk of injury and death.
At what speed do airbags deploy in a rear-end collision? ›Airbags usually deploy if a collision happens when you are traveling at more than 20 miles per hour.
How can you tell what type of rear end you have? ›The most accurate differential identification is provided by the bottom line of the tag number or axle tube stamp. Differential tags can easily be used to identify Dana and Ford differentials.
How do you find the force after a collision? ›- Measure the velocity at the moment of the impact, v .
- Measure the mass of the subject of the collision, m .
- Either use: The stopping distance d in the formula: F = mv²/2d ; or. The stopping time t in: F = mv/t.
- If you want to measure the g-forces, divide the result by mg , where g = 9.81 m/s² .
How Do I Calculate Speed and Distance in a Car Accident Case? The formula for speed and distance is the same for a car as any other object: distance ÷ time. So if you want to calculate the speed of a car at sixty miles an hour, the math is (60 x 5280) ÷ (60 x 60) = 88 feet per second.
How do you find the average force after a collision? ›→Fave=ρVΔ→vΔt=ρ(43πR3)(→vf−→vi)Δt. This is the average force applied during the collision. Notice that this force vector points in the same direction as the change of velocity vector Δ→v.
What not to say in a car accident? ›Don't say “I'm sorry”
A simple “I'm sorry” can be used to show that you admitted guilt and responsibility for the accident. Even if you mean “I'm sorry you're late for work” or “I'm sorry you are hurt” – try to avoid using the words “I'm sorry”.
For some, application of ice throughout the healing process is the best treatment. You can take a regular shower or bath, just don't stand with hot water on your neck and back or soak in a hot tub of water for a long time.
What are your responsibilities in a collision? ›
Notify your insurer and get advice
After reporting the collision to the police, advise your insurance company, regardless of which driver was at fault, as soon as possible. Tell them the details of the collision, including any injuries and damages to vehicles or properties.
- #1 – Stay Calm. ...
- #2 – Stay Safe. ...
- #3 – Leave the Vehicles Where They Are. ...
- #4 – Never Admit Fault. ...
- #5 – Only Talk to the Police. ...
- #6 – Get Medical Help Immediately. ...
- #7 – Always Call the Police. ...
- #8 – What to do/say/get from the Police.
If you crash because of the speeding, that's no accident. It's a collision. The crash was a direct result of a decision you made. The same could be said if you rear-ended another vehicle because you were following too closely.
Is comprehensive or collision better? ›Comprehensive coverage protects your vehicle from unexpected damage, such as a tree branch falling on it or hitting an animal, while collision coverage protects against collisions with another vehicle or object.
What steps should be taken immediately in case of an accident? ›Call the Police
If the situation involves a traffic accident, no matter how minor, call 911 immediately. Getting the police involved right away will ensure proper response time, assessment and documentation of the incident. In legal matters, a police report is a reliable resource.
Insurance companies in Ohio have 46 days to settle a claim after it is filed. Ohio insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.
How long do you have to report a car accident in Ohio? ›Home » FAQs » How Long Do You Have to Report an Accident to Police in Ohio? If you were in an accident in Ohio, you have five days to report the accident to the police if: Someone was injured or lost their life.
How long after a car accident can you sue in Ohio? ›If involved in a car accident in Ohio, an individual has two years from the accident to pursue a claim. If the car accident victim fails to file a claim within those two years, they give up their right to seek compensation for car accident injuries and damages.
Should you brake in rear-end collision? ›Know How to Respond to a Rear-End Wreck
But, keep in mind that this response can lead to more serious injuries. When you're in a rear-end crash, don't hit your brake. Instead, allow the car to take on the force and distribute it.
The instant before you are hit, release your brake pedal so your vehicle will move on impact. Then hit the brakes immediately after impact to regain control. Promptly leave the vehicle and stand safely clear of it.
What are the two most serious outcomes of a rear-end collision? ›
One of the more severe injuries caused by rear-end collisions is a spinal fracture. Below, we'll discuss one of the more common types of spinal fractures. But there are other kinds of more severe fractures that can happen due to a car accident. Two possibilities are burst fractures and fracture-dislocations.
What action can you take to avoid being rear ended if the vehicle following you is too close? ›If you notice a vehicle following you to closely, give yourself extra room ahead so that you won't need to brake suddenly. Lose the tailgater as soon as you safely can by letting them pass you. Following a large vehicle that blocks your view of the road ahead.